Slocum v. Slocum
Supreme Court of Iowa
Appeal from O'Brien District Court. AotioN to quiet the title to real estate. The j>etition states that the plaintiffs are the owners of the real estate in controversy, and that the defendants make some claim thereto.
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Appeal from O'Brien District Court. AotioN to quiet the title to real estate. The j>etition states that the plaintiffs are the owners of the real estate in controversy, and that the defendants make some claim thereto. The defendants deny the material allegations in the petition, and plead that they are the owners of the land, and that their right is based on a tax deed, executed in 1871, in pursuance of a sale of the land made on December 9, 1867, for the delinquent taxes of 1866; that said lands were subject to taxation for said year, and were duly assessed for the purpose of taxation; that…
1Opinion of the CourtServers, J.
I. It is insisted that the land was not assessed for 1866. It is conceded that the deed is jprima i. tax sale and deed: assessment: From deed come. facie evidence that it was. The burden there- ,, . , , . trn . _ tore, is on the piaintiiis to show that it was not. It will be observed that the plaintiffs do not affirmatively plead that there was no assessment, but simply deny that there was one. ~We suppose this form of pleading was adopted because the defendants had unnecessarily pleaded that there was an assessment. The plaintiffs, however, assumed the burden in this respect, and the trial…
2Cases cited10 opinions
- Howe Machine Co. v. BrysonSupreme Court of Iowa · 1876
- Shawler v. JohnsonSupreme Court of Iowa · 1879
- Clark v. ThompsonSupreme Court of Iowa · 1873
- Leavitt v. WatsonSupreme Court of Iowa · 1873
- Easton v. SaverySupreme Court of Iowa · 1876
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3Cited by3 opinions
- Fidelity Investment Co. v. WhiteSupreme Court of Iowa · 1929
- Cakerice v. ReissSupreme Court of Iowa · 1941
- Lathrop v. IrwinSupreme Court of Iowa · 1896